WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, August 16, 2006

JUDGE LARRY SCHWARTZ AND JUDGE MURPHY

RUMPOLE ENDORSES JUDGE LARRY SCHWARTZ OVER GINA MENDEZ

Candidate Gina Mendez emailed us in response to our request for candidates to email us anything they want us to consider:

I am sole practitioner with extensive trial experience on both sides of the courtroom. As a former prosecutor, I have over 75 jury trials in Circuit Court. Currently, I specialize in criminal defense and family litigation. As a defense attorney, I have had 13 jury trials and numerous bench, family trials, all in Circuit Court. I have chosen to practice law in two areas that provide me with daily, in-court experience. I have been an advocate for the victims of crime and I have been an advocate for the accused, always seeking to protect the rights afforded to each. I have been an advocate for husbands, wives, and children in family disputes, always seeking to protect the rights afforded to each. Because of these experiences, I know that there are two sides to every story. As a sole practitioner, I know the hardships of running an office and being in trial. I know firsthand the need for a judge who understands that. I know what it is to spend a morning watching a judge who cannot effectively run a calendar. I won’t be that type of judge. I will apply the law fairly, respectfully, and courteously, with the goal being the administration of justice. I will be prepared, knowledgeable about the issues, and fair. The lawyers and litigants who come before me will know that they were heard and respected. I have a strong work ethic and will be a judge you can respect.

Ms. Mendez’s short statement is clear, concise, and puts her in the category of experienced attorneys who will do a good job if they win.

Early on we decried that Judge Schwartz had opposition. We intimated that it appeared to us that Jewish males were being targeted by Hispanic females. But in response to our post, there were dozens of comments about Judge Schwartz’s courtroom demeanor. We wrote at the time something to the effect that Judge Schwartz was a former prosecutor with the values of a Greenpeace activist. What we meant by that is when you know Judge Schwartz, you learn that he practices in his personal life the values he preaches. Does Judge Schwartz have a demeanor problem? Well, the answer lies in the question. Since so many lawyers who have appeared before him have raised the issue, the answer is undeniably yes. Is that sufficient for him to be replaced? No. From our point of view, what Judge Schwartz does when he rules on the bench is explain in blunt and no holds barred detail why he is ruling the way he is. Maybe he would just be better off saying “denied” with a fake smile and moving on. (He can travel North of the Border and sit in any courtroom and see what we mean.) But because we believe he cares about what he does, he takes the time to explain why he is doing what he is doing. And many times the "why" is not very pretty. But we believe Judge Schwartz has the experience and ability to stay in his job.

RUMPOLE ENDORSES JUDGE LARRY SCHWARTZ FOR REELECTION.

RUMPOLE ENDORSES JUDGE MURPHY FOR REELECTION.Attorney Josie Perez Velis challenges Judge Dennis Murphy. Why? Once again, the sad answer is because she can win. Judge Murphy has made quite an impression in six years. We practitioners of criminal law are a close knit group. We talk and compare notes incessantly on Judges. In six years we have personally not heard one person say one negative thing about Judge Murphy.

Both the prosecutors in his division AND the public defenders got together to jointly host a fundraiser. What does that tell you?

Judge Murphy hit the ground running as a Judge and has never looked back. What he lacked in the beginning in intricate knowledge of the criminal justice system he more than made up for with his knowledge and understanding of the practice of law.

When you appear before Judge Murphy, you get the feeling that he understands where you are, because he has been there. Maybe not necessarily defending a criminal client, but as a lawyer, handling a case. When you try a case before him, he stays out of your way. You do your job, stay within the rules, and you do not have to look over your shoulder worrying that the Judge will interfere.

Judge Murphy is fair, hard working, has a good sense of humor on the bench, and is widely respected. There just is no good reason for Ms. Velis to have challenged him.

How good could Ms. Velis feel about herself if she wins?Will she really think the bench will be better off with the loss of Judge Murphy?Does she truly believe the community will be better served by the loss of Judge Murphy?Ms. Velis should have thought about those questions before running.

We have overheard people close to Ms. Velis say that this is not about Judge Murphy, but about her desire to be a Judge. Those people are wrong. Ms. Velis was wrong to run in this race.

"How good could Ms. Velis feel about herself if she wins?Will she really think the bench will be better off with the loss of Judge Murphy?Does she truly believe the community will be better served by the loss of Judge Murphy?Ms. Velis should have thought about those questions before running."

Rump you are right on the money.I like Gina; She is qualified and would make a good judge. On the other hand Judge Schwartz (who can be a pain in the ass), deserves to keep his job. I have on occasion, been the object of judge Schwartz’s caustic sarcasm, but it was in response to my not being 100% prepared to answer questions many judges would not know to ask. In the old days judges used to dress down lawyers all the time. When did we become so touchy –feely? I repeat, I think Gina would be a Good Judge But Schwartz deserves to stay.I just wish Gina had picked a different seat

Ah, the Circuit Court, as if it didn't already have enough business. On August 11, 2006 Judicial Candidate Valerie Manno Schurr filed a lawsuit against candidate Jose Sanchez-Gronlier under Case Number 2006-15998-CA-01. The case was filed as a Request For Temporary Injunction and after an initial recusal the case has been assigned to Judge Mindy Glazer. The named defendants in the case include Gronlier and Lester Sola (Supervisor of Elections in Dade County), The Florida Department of State and Sue Cobb (Florida Secretary of State). A hearing on the Motion For Temporary Injunction is scheduled before Judge Glazer tomorrow, August 17, 2006 at 3:00 PM.

We filed a law suit against Judge McWhorter today to remove her from ballot. 06-16297 (25)

It shows the illegal things she did to qualify like:

Her treasurer lied on the application when he said he was a dade registered voter. He stopped voting here in 2003 and registered in Broward.

She forgot to tell anyone what group she was running in. The law says you can not collect money and spend money unless you file for a specific group. Once you pick a group, you have to let all the donators know so that they can get their money back.

She collected donations of more than $500.00 from three people. The law makes that a misdemeanor for her and a felony for the person to writes the check.

Rumpole sez: This McWhorter thing is very interesting. One would not have expected these types of amateurish mistakes from her. If Catalano and Marino-Pedraza prevail, it is no one's fault but McWhorter's.

You sir, are a cad, a ruffian, and I do not wish you to sour and spoil what I have planned as a very entertaining evening out with friends and colleagues as we raise dinero (get it??) for our friend Judge Murphy. So the answer to your question is that you are not invited to our soiree this evening and I beg you not to attend and spoil the evenings affairs.

Rumpole, I like the Alan/Chris thing. But I love-fall down laughing cannot get enough of- this Joel Denaro scenarios. Whoever is doing it you deserve a REGJB Pultizer prize for entertaining bored lawyers in South Florida. BRAVO. Keep it up.

Hey Mikey C- are you sure that McWhorter has comitted crimes? better be careful before accusing a sitting judge of having the criminal intention and malice aforethought for comitting a crime. Sounds like simple negligence to me, not a criminal act. Maybe she should change her name to McWhorter-Culpepper-Hernandez. Would you support her then?

I wish to preface this comment by saying this is not meant as a slight against Gina Mendez who I like, respect, and would endorse over numerous sitting judges.

We have done a lot of trash talking about lawyers who run for judge because they can’t make a living and seek a judgeship because the pay would triple their income. Judge Larry Schwartz could resign tomorrow, go downtown and triple his judicial salary; Bet on it. Judge Schwartz knows the law, the rules, and has the guts to apply them without worrying about what will be written in the Herald. He is a Pro and does not deserve opposition. Sorry Gina, love you, but I wish it wasn’t too late to jump to another seat.

Forgetting to state your group, spending money without specifying a group and then forgetting to advise donors of your "group number", a lying treasurer, and receiving lots and lots of cash is RECKLESS and worthy of criminal intent.

wahhh! Judge Bernstein, I can't raise any money. waahhh!!Judge Bernstein- I can't win the election straight up, waaaahhh. Judge Bernstein, let me change my name to Dwayne Wade. waaahhhh!Judge Bernstein, its no fair she's the Judge. I wanna be a Judge too! I'll hold my breath and turn purple unless you throw her off the ballot and make me a Judge because I can't earn a red cent any other way. WAAAAAAAAAAAHHHHHHHHHHHHHHH!!

Unless they are going to claim that someone altered the documents after they filed them, then, it is not a factual dispute.

How on earth can any candidate take more than $500.00 from the same person and not know that the statute makes that a crime is beyond me.

Also, when your campaign manager or tresurer signs a document under "penalty of perjury" and swears he is a qualified person and a registered dade voter and the records show he is not well, that is also not good.

Hey MC Hamma sandwich- does that mean she should be removed from the ballot and keep the people of Dade county from deciding who is more qualified to be a Judge? A former prosecutor or a ticket chick with no trial experience?

Hey- you guys are talking about stuff I don't understand. Include me- or 'Ill sue. Put me in the spotlight, or I'll file a bar complaint. Stop it. I wanna ne a lawyer. I wanna be respected. I wanna be relevant. I mean it. I'll sue. I'll sue.

Hardwick is the lunatic also known as he who must not be named and McGillis. According to rump, he is spamming the site with all sorts of junk to stop posts so Rump has to monitor the posts and keep his crap off. I have seen the carp Hardwick has posted- the names of all the lawyers in florida, over and over again. It takes ten minutes to scroll through it. So the crazy guy is attacking this blog, although I am not sure why.

Thats it 6:41. I DEMAND you tell me your name, so I can 1) sue you 2) file a bar complaint 3) come to your house and huff and puff and blow it down. You're in big trouble boy. That's big with a B that rhymes with P that stands for Plumb Nutty.

Remember, if you try to kill the king, make sure you succeed. Your complaint is weak.

Taking checks in excess of the $500 limit does not constitute sufficient grounds for disqualifying a candidate. The fact that the Legislature has provided a mechanism for a campaign to self-report such excess contributions is proof that the remedy is returning the checks (and possibly a fine), but these kinds of mistakes happen.

If the Treasurer committed perjury, then -- pardon the truism -- the Treasurer committed perjury. Why this gives you grounds to disqualify the Judge is going to take a lot of 'splaining Ricky. Sure, maybe her opponent can question her judgment in asking someone willing to commit perjury to be her Treasurer, but those are arguments for the jury (voters), not a basis for disqualification.

Don't know enough about the group designation issue, but why can't the Judge cure now? Again, this will result in a fine, but not disqualification.

You likely won't get a bar grievance this time because you are protected by the litigation privilege for what you say in the complaint. BUT, your intemperate remarks in this Blog could be a different story. Accusing the Judge of illegal acts because her Treasurer may have committed perjury could easily get you in trouble with the Bar again.

As an anonymous judge who has never responded to the Blog--which can be very funny and "right on"--before, if Dennie Murphy loses this race, watch out--I'd hate to think what the bench will look like in 10 years--will it just be a way that someone can earn a living that otherwise couldn't??!! Go Dennis and Larry!!

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